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Full Text of Decision

41475SERVICE DATE – LATE RELEASE MARCH 18, 2011

DO

SURFACE
TRANSPORTATION BOARD

DECISION

Docket No. AB 295
(Sub-No. 7X)

THE INDIANA RAIL ROAD
COMPANY—ABANDONMENT EXEMPTION—

IN
MARTIN AND LAWRENCE COUNTIES, IND.

Decided:March 18, 2011

This
decision extends the interim trail use negotiating period for the line of
railroad authorized for abandonment in this proceeding.

By decision
and notice of interim trail use or abandonment (NITU) served on
March 26, 2010 (March 2010 decision), the Board, under
49 U.S.C. § 10502, exempted from the prior approval requirements
of 49 U.S.C. § 10903, the abandonment by The Indiana Rail Road
Company (INRD) of 22.80 miles of rail line in Martin and Lawrence Counties,
Ind.The line is comprised of a
21.15-mile line of railroad extending from milepost 241.35 east of Crane,
Ind., to milepost 262.50 in Bedford, Ind. (Crane-Bedford Line), and a
track extending from the Crane-Bedford Line at approximately
milepost 262.40 and proceeding in an open counter-clockwise loop (east-north-west-south)
for approximately 1.65 miles (Bedford Industrial Track).The exemption was subject to public use,
historic preservation, environmental, and standard employee protective
conditions, as well as a trail use condition authorizing a 180-day period for
either the Indiana Trails Fund, Inc. (ITF), or the Greenways Foundation, joined
by the City of Bedford, Ind. (Greenways/Bedford), or both, to negotiate an
interim trail use/rail banking agreement with INRD for the right-of-way
involved in this proceeding.In a decision
served on October 7, 2010, the negotiation period was extended until March 21,
2011.[1]

On March 2,
2011, INRD filed a request to extend the NITU negotiating period for an
additional 180 days.INRD states that
the parties need additional time to finalize their agreement.INRD explains that this additional time is
required to structure the transaction as a lease, to address the unique issues
relating to the portion of the line that lies within the limits of the Crane
Naval Surface Warfare Center, and to address the future of the Bedford
Industrial Track.By letter filed on March
14, 2011, ITF states that it concurs with INRD’s extension request.

By letter
filed on March 11, 2011, Everett and June Patrick, landowners who state
that their farm is bisected by the INRD rail line, request that the Board deny
INRD’s request for extension of the NITU negotiating period because, they
state, it would be a great disadvantage to have a trail existing on their
property.On March 14, 2011,
Anthony and Janet Lynch, who state that their farm is adjacent to the INRD line,
similarly filed a letter opposing the requested extension, asserting that it
would be highly undesirable to have a public trail adjacent to their farm.The landowners’ requests will not be
granted.Under the National Trails
System Act, 16 U.S.C. § 1247(d) (Trails Act), the trail use
program is voluntary and consensual between the railroad and the trail
user.Rail Abans.—Use of
Rights-of-Way as Trails, 2 I.C.C.2d 591, 598 (1986).Further, the Board’s role under the Trails
Act is limited and largely ministerial.SeeCitizens Against Rails to Trails v. STB,
267 F.3d 1144 (D.C. Cir. 2001).

Where, as
here, the carrier is willing to continue trail use negotiations, the negotiating
period may be extended. Because an
extension of the NITU negotiating period will promote
the establishment of trail use and rail banking consistent with the Trails Act, the requested extension
will be granted.Accordingly, as
requested by the parties, the NITU negotiation
period will be extended 180 days, until September 17, 2011.

This decision will not significantly affect either the
quality of the human environment or the conservation of energy resources.

It is ordered:

1. INRD’s request to extend the NITU negotiating
period is granted.

2.The period for
INRD and ITF to negotiate an interim trail use/railbanking agreement under the
NITU is extended to September 17, 2011.

3.This decision is effective on its service
date.

By the
Board, Rachel D. Campbell, Director, Office of Proceedings.

[1]The extension
to March 21, 2011 was sought jointly by INRD and ITF; Greenways/ Bedford did
not seek that extension, nor does it seek one here.